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Entering US by road from Canada
Somewhat off topic, but may be of interest. The person concerned is a
landed immigrant in Canada, but holds a South African passport. When attempting to enter the US by road from Canada recently, the person was referred to Secondary Inspection and detained for a number of hours. The problem was that when last travelling to Canada from South Africa via Washington DC, an I-94 was affixed to the person's passport, but was not removed by the airline for the next leg of the journey to Toronto. (This was after being in transit for a few hours only). This happened 8 months ago, but resulted in the person being considered as an overstay, even though the passport clearly showed entry into Canada. A valid B2 visa was in the person's passport. So just a lesson to be learned - always ensure the I-94 gets returned SOMEHOW. George |
Re: Entering US by road from Canada
Originally Posted by flathead12
(Post 5284991)
... an I-94 was affixed to the person's passport, but was not removed by the airline for the next leg of the journey to Toronto.
Ian |
Re: Entering US by road from Canada
What the traveler does is check the US Consulate's website and see how to return the I-94 through them.
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Re: Entering US by road from Canada
Originally Posted by ian-mstm
(Post 5286220)
There is no "gets returned SOMEHOW" mystery here. While the airline attendant usually removes the I-94, the onus is on the traveler to ensure that the attendant gets the I-94. If the attendant doesn't take it, it is the traveler's responsibility to *give* it to the attendant. I can't tell you how many times we see this happen because people fail to take responsibility while traveling internationally.
Ian Nonimmigrants should return their I-94 at the port of departure unless they visit Canada or Mexico with a valid I-94 for a period less than 30 days for the automatic visa revalidation. The USCBP advises that failure to turn in your I-94 (or I-94W) when you leave the U.S. can create a serious problem. Without this record of your departure, you will be identified in our records as an "overstay." Being identified as an overstay means that you will be denied re-entry into the U.S. If you failed to turn in your I-94, please send it - along with any documentation that proves you left the U.S. to ACS Inc.1084 South Laurel Rd., London, Kentucky 40744. Documentation to prove your departure can include the boarding pass from your flight. If you exited the country by a land border it is much harder to verify that you did- in fact - leave the country on the date you claim. If you have any documentation of your arrival in your home country (i.e. passport stamp), then you should send a copy of that. If the above office does not have any supporting documents to substantiate your claim to have left the U.S. on a certain date, there is no guarantee that you will be entered into the record as having done so.We strongly urge you to keep a copy of what you send to ACS Inc. and to carry it with you the next time you come to the U.S. in case the CBP officer has any questions about your eligibility to enter. If you want to confirm that your I-94 was received by ACS, please give them 4 months to process the paperwork. Then you can write the following address to determine whether or not your departure was recorded. If you turned in the I-94 when you left the U.S. as required, please do NOT request confirmation that it is on file. This process is only for people who did not turn in the I-94 when they exited the U.S. You will need to provide your name, date of birth, passport number, and date of departure, in addition to asking whether or not your departure was recorded. U.S. Customs and Border Protection Air Sea Passenger Operations, Room 5.4D, 1300 Pennsylvania Ave., N.W., Washington D.C. 20229. |
Re: Entering US by road from Canada
What happens if someone enters the US on a valid H1-B, gets an I-94 thats valid for 3 years. As each H-1b runs out, a new one is processed, till eventually the person leaves the US, but of course the I94 is way out of date, even though the H1-Bs never were.
Is that cool? |
Re: Entering US by road from Canada
Originally Posted by tonyghiggins
(Post 5300149)
What happens if someone enters the US on a valid H1-B, gets an I-94 thats valid for 3 years. As each H-1b runs out, a new one is processed, till eventually the person leaves the US, but of course the I94 is way out of date, even though the H1-Bs never were.
Is that cool? If the person never leaves the USA and just renews the status from within the USA, no new I-94 would be issued, so the original one is the one they turn in when they leave the USA eventually. Rene |
Re: Entering US by road from Canada
On Sep 12, 12:26 am, Noorah101 <[email protected]>
wrote: > > What happens if someone enters the US on a valid H1-B, gets an I-94 > > thats valid for 3 years. As each H-1b runs out, a new one is > > processed, till eventually the person leaves the US, but of course the > > I94 is way out of date, even though the H1-Bs never were. > > > Is that cool? > > If the H1B holder leaves the USA and returns with a new H1B, he should > get a new I-94. > > If the person never leaves the USA and just renews the status from > within the USA, no new I-94 would be issued, so the original one is the > one they turn in when they leave the USA eventually. If status is extended within the USA, a new I-94 is issued; it's a tear-off section on the approval notice. Recipients should read the notice and follow the instructions on it. |
Re: Entering US by road from Canada
Originally Posted by J. J. Farrell
(Post 5300498)
On Sep 12, 12:26 am, Noorah101 <[email protected]>
wrote: > > What happens if someone enters the US on a valid H1-B, gets an I-94 > > thats valid for 3 years. As each H-1b runs out, a new one is > > processed, till eventually the person leaves the US, but of course the > > I94 is way out of date, even though the H1-Bs never were. > > > Is that cool? > > If the H1B holder leaves the USA and returns with a new H1B, he should > get a new I-94. > > If the person never leaves the USA and just renews the status from > within the USA, no new I-94 would be issued, so the original one is the > one they turn in when they leave the USA eventually. If status is extended within the USA, a new I-94 is issued; it's a tear-off section on the approval notice. Recipients should read the notice and follow the instructions on it. |
Re: Entering US by road from Canada
"J. J. Farrell" <[email protected]> wrote in message
news:[email protected] oups.com... > On Sep 12, 12:26 am, Noorah101 <[email protected]> > wrote: >> > What happens if someone enters the US on a valid H1-B, gets an I-94 >> > thats valid for 3 years. As each H-1b runs out, a new one is >> > processed, till eventually the person leaves the US, but of course the >> > I94 is way out of date, even though the H1-Bs never were. >> >> > Is that cool? >> >> If the H1B holder leaves the USA and returns with a new H1B, he should >> get a new I-94. >> >> If the person never leaves the USA and just renews the status from >> within the USA, no new I-94 would be issued, so the original one is the >> one they turn in when they leave the USA eventually. > > If status is extended within the USA, a new I-94 is issued; it's a > tear-off section on the approval notice. Recipients should read the > notice and follow the instructions on it. > Excuse me for being slightly off-topic, but what if the person is in AOS process (I-485 pending) and H1B runs out in the meantime. Is the old I-94 still considered valid even if the date is past? I am having some problems with DMV. |
Re: Entering US by road from Canada
[QUOTE=-Tomas;5303212Excuse me for being slightly off-topic, but what if the person is in AOS
process (I-485 pending) and H1B runs out in the meantime. Is the old I-94 still considered valid even if the date is past? I am having some problems with DMV.[/QUOTE] In this case, your H1B is no longer valid, and you are considered as "Pending AOS" status. You will probably need to show DMV a valid EAD in order to get any action from them. Either that or wait for your green card to show them. Rene |
Re: Entering US by road from Canada
"Noorah101" <[email protected]> wrote in message
news:[email protected] m... > >> "J. J. Farrell" <[email protected]> wrote in message >> news:[email protected] oups.com... >> > On Sep 12, 12:26 am, Noorah101 <[email protected]> >> > wrote: >> >> > What happens if someone enters the US on a valid H1-B, gets an >> >> > I-94 >> >> > thats valid for 3 years. As each H-1b runs out, a new one is >> >> > processed, till eventually the person leaves the US, but of >> >> > course the >> >> > I94 is way out of date, even though the H1-Bs never were. >> >> >> >> > Is that cool? >> >> >> >> If the H1B holder leaves the USA and returns with a new H1B, he >> >> should >> >> get a new I-94. >> >> >> >> If the person never leaves the USA and just renews the status from >> >> within the USA, no new I-94 would be issued, so the original one is >> >> the >> >> one they turn in when they leave the USA eventually. >> > >> > If status is extended within the USA, a new I-94 is issued; it's a >> > tear-off section on the approval notice. Recipients should read the >> > notice and follow the instructions on it. >> > >> >> Excuse me for being slightly off-topic, but what if the person is in >> AOS >> process (I-485 pending) and H1B runs out in the meantime. Is the old >> I-94 >> still considered valid even if the date is past? I am having some >> problems >> with DMV. > > In this case, your H1B is no longer valid, and you are considered as > "Pending AOS" status. You will probably need to show DMV a valid EAD in > order to get any action from them. Either that or wait for your green > card to show them. > > Rene > > -- In particular, this is my wife's and my daughter's problem (I have GC already). They have been in AOS pending status for 27 months (!) and counting (I-485 filed in June 2005) so I lost any confidence in waiting for their GC, they also do not have EAD, as it is not required unless they want to work, but can apply for one of course. Any other suggestions? Tomas |
Re: Entering US by road from Canada
Originally Posted by -Tomas
(Post 5304379)
They have been in AOS pending status for 27 months (!) and counting (I-485 filed in June 2005) so I lost any confidence in waiting for their GC...
Ian |
Re: Entering US by road from Canada
Originally Posted by -Tomas
(Post 5304379)
"In particular, this is my wife's and my daughter's problem (I have GC
already). They have been in AOS pending status for 27 months (!) and counting (I-485 filed in June 2005) so I lost any confidence in waiting for their GC, they also do not have EAD, as it is not required unless they want to work, but can apply for one of course. Any other suggestions? Tomas Rene |
Re: Entering US by road from Canada
"ian-mstm" <[email protected]> wrote in message
news:[email protected] m... > >> "Noorah101" <[email protected]> wrote in message >> news:[email protected] m... >> > >> >> "J. J. Farrell" <[email protected]> wrote in message >> >> news:[email protected] oups.com... >> >> > On Sep 12, 12:26 am, Noorah101 >> >> > <[email protected]> >> >> > wrote: >> >> >> > What happens if someone enters the US on a valid H1-B, gets an >> >> >> > I-94 >> >> >> > thats valid for 3 years. As each H-1b runs out, a new one is >> >> >> > processed, till eventually the person leaves the US, but of >> >> >> > course the >> >> >> > I94 is way out of date, even though the H1-Bs never were. >> >> >> >> >> >> > Is that cool? >> >> >> >> >> >> If the H1B holder leaves the USA and returns with a new H1B, he >> >> >> should >> >> >> get a new I-94. >> >> >> >> >> >> If the person never leaves the USA and just renews the status >> >> >> from >> >> >> within the USA, no new I-94 would be issued, so the original one >> >> >> is >> >> >> the >> >> >> one they turn in when they leave the USA eventually. >> >> > >> >> > If status is extended within the USA, a new I-94 is issued; it's >> >> > a >> >> > tear-off section on the approval notice. Recipients should read >> >> > the >> >> > notice and follow the instructions on it. >> >> > >> >> >> >> Excuse me for being slightly off-topic, but what if the person is >> >> in >> >> AOS >> >> process (I-485 pending) and H1B runs out in the meantime. Is the >> >> old >> >> I-94 >> >> still considered valid even if the date is past? I am having some >> >> problems >> >> with DMV. >> > >> > In this case, your H1B is no longer valid, and you are considered as >> > "Pending AOS" status. You will probably need to show DMV a valid >> > EAD in >> > order to get any action from them. Either that or wait for your >> > green >> > card to show them. >> > >> > Rene >> > >> > -- >> >> >> In particular, this is my wife's and my daughter's problem (I have GC >> already). They have been in AOS pending status for 27 months (!) and >> counting (I-485 filed in June 2005) so I lost any confidence in >> waiting for >> their GC, they also do not have EAD, as it is not required unless >> they want >> to work, but can apply for one of course. Any other suggestions? >> >> Tomas > > You make it sound like 27 months is a long time! My AOS was pending > for 32 months. If you think immigration is a burden, the solution > is obvious. > > Ian > > -- I paid for the service. I am not getting the service. This is what is obvious. Tomas |
Re: Entering US by road from Canada
"ian-mstm" <[email protected]> wrote in message
news:[email protected] m... > >> "Noorah101" <[email protected]> wrote in message >> news:[email protected] m... >> > >> >> "J. J. Farrell" <[email protected]> wrote in message >> >> news:[email protected] oups.com... >> >> > On Sep 12, 12:26 am, Noorah101 >> >> > <[email protected]> >> >> > wrote: >> >> >> > What happens if someone enters the US on a valid H1-B, gets an >> >> >> > I-94 >> >> >> > thats valid for 3 years. As each H-1b runs out, a new one is >> >> >> > processed, till eventually the person leaves the US, but of >> >> >> > course the >> >> >> > I94 is way out of date, even though the H1-Bs never were. >> >> >> >> >> >> > Is that cool? >> >> >> >> >> >> If the H1B holder leaves the USA and returns with a new H1B, he >> >> >> should >> >> >> get a new I-94. >> >> >> >> >> >> If the person never leaves the USA and just renews the status >> >> >> from >> >> >> within the USA, no new I-94 would be issued, so the original one >> >> >> is >> >> >> the >> >> >> one they turn in when they leave the USA eventually. >> >> > >> >> > If status is extended within the USA, a new I-94 is issued; it's >> >> > a >> >> > tear-off section on the approval notice. Recipients should read >> >> > the >> >> > notice and follow the instructions on it. >> >> > >> >> >> >> Excuse me for being slightly off-topic, but what if the person is >> >> in >> >> AOS >> >> process (I-485 pending) and H1B runs out in the meantime. Is the >> >> old >> >> I-94 >> >> still considered valid even if the date is past? I am having some >> >> problems >> >> with DMV. >> > >> > In this case, your H1B is no longer valid, and you are considered as >> > "Pending AOS" status. You will probably need to show DMV a valid >> > EAD in >> > order to get any action from them. Either that or wait for your >> > green >> > card to show them. >> > >> > Rene >> > >> > -- >> >> >> In particular, this is my wife's and my daughter's problem (I have GC >> already). They have been in AOS pending status for 27 months (!) and >> counting (I-485 filed in June 2005) so I lost any confidence in >> waiting for >> their GC, they also do not have EAD, as it is not required unless >> they want >> to work, but can apply for one of course. Any other suggestions? >> >> Tomas > > You make it sound like 27 months is a long time! My AOS was pending > for 32 months. If you think immigration is a burden, the solution > is obvious. > > Ian > > -- I paid for the service. I am not getting the service. This is what is obvious. Tomas |
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